Terms & Conditions

Terms and Conditions

Effective Date: July 22, 2026

These Terms and Conditions (“Terms”) govern your access to and use of the Flat Fee Auction World family of websites, online marketplace, auction platform, communications, features, and related services.

The Platform is operated by Flat Fee Auction World LLC, referred to in these Terms as “Flat Fee Auction World,” “FFAW,” “we,” “us,” or “our.”

The Flat Fee Auction World family of websites currently includes:

  • FlatFeeCarAndTruckAuction.com

  • FlatFeeRVAuction.com

  • FlatFeeBoatAuction.com

  • FlatFeeMotorcycleAuction.com

  • FlatFeeMachineryAuction.com

  • FlatFeeHomesAndLandAuction.com

  • FlatFeeAviationAuction.com

  • FlatFeeHorseAuction.com

These websites, together with related services, accounts, listings, communications, and auction features, are collectively referred to as the “Platform.”

By accessing the Platform, creating or registering an Account, submitting a listing, placing a bid, participating in an auction, communicating through the Platform, or otherwise using the Platform, you agree to be legally bound by these Terms and all policies incorporated into them, including our Privacy Policy.

If you do not agree to these Terms, you must not access or use the Platform.

1. Marketplace Status

FFAW operates an online marketplace that allows Sellers to publish auction listings and allows registered Bidders to place bids.

FFAW:

  • Does not own the Auction Items listed on the Platform

  • Does not possess or take custody of Auction Items

  • Does not independently inspect Auction Items

  • Does not act as an automobile dealer, equipment dealer, real estate broker, horse broker, aircraft broker, auctioneer, escrow provider, closing agent, or financial institution

  • Does not guarantee the accuracy of any listing

  • Does not independently verify statements made by Sellers

  • Does not guarantee the identity, honesty, solvency, or legal authority of any user

  • Does not complete the purchase or sale between a Seller and Winning Bidder

  • Does not generally collect or hold the purchase price of an Auction Item

  • Does not hold transaction funds in escrow

FFAW is not a party to the purchase-and-sale transaction between a Seller and a Winning Bidder.

Any purchase contract formed through an auction exists solely between the Seller and the Winning Bidder.

All payments for the Auction Item itself are made directly between the Seller and the Winning Bidder unless the parties separately arrange for a third-party escrow, title, closing, financing, or payment service.

Nothing in these Terms creates an agency, employment, partnership, joint venture, brokerage, fiduciary, franchise, or other special relationship between FFAW and any user.

2. Definitions

For purposes of these Terms:

Account

“Account” means a registered user account created to access or use some or all of the Platform.

Auction Item

“Auction Item” means any vehicle, recreational vehicle, boat, motorcycle, machinery, real estate interest, aircraft, horse, or other item listed for sale through the Platform.

Bidder

“Bidder” means a registered user who places or attempts to place a bid on an Auction Item.

Business Day

“Business Day” means Monday through Friday, excluding public holidays observed where FFAW is headquartered.

Default Penalty

“Default Penalty” means the $500 charge that may be imposed on a Winning Bidder who defaults on a binding winning bid, together with any applicable credit card service fee.

Live Auction Period

“Live Auction Period” means the bidding period during which binding bids may be placed. Unless otherwise stated in a listing, the Live Auction Period is the seventh day of a seven-day listing and lasts approximately 24 hours, subject to extensions, interruptions, or other actions permitted under these Terms.

Non-Horse Category Site

“Non-Horse Category Site” means any FFAW website or category other than FlatFeeHorseAuction.com or another category expressly governed by the Horse Category Addendum.

Platform Fee

“Platform Fee” means a fee charged by FFAW for access to or use of the Platform, including a registration fee, Winning Bidder Listing Fee, Seller Cancellation Fee, Horse Listing Fee, Tier Fee, Default Penalty, or other fee disclosed before it is incurred.

Preview Period

“Preview Period” means the first six days of a standard seven-day listing, during which users may review the Auction Item, communicate with the Seller, conduct due diligence, arrange inspections, and discuss a possible transaction.

Binding auction bids are not ordinarily placed during the Preview Period.

Seller

“Seller” means a user who submits, publishes, or authorizes a listing for an Auction Item.

Seller Cancellation Fee

“Seller Cancellation Fee” means the $249 fee that may be charged to a Seller, together with the applicable 3.5% credit card service fee, if the Seller cancels or prematurely ends a listing during the Preview Period after selling outside the Platform or otherwise fails to allow the listing to complete its full auction period.

Tier Fee

“Tier Fee” means a category-specific fee determined by the final Winning Bid amount, including the Horse Tier Fees described in Appendix A.

Winning Bid

“Winning Bid” means the highest valid bid at the end of an auction, subject to any reserve price, bid removal, technical interruption, auction extension, cancellation, or other action permitted under these Terms.

Winning Bidder

“Winning Bidder” means the Bidder who submitted the Winning Bid.

Winning Bidder Listing Fee

“Winning Bidder Listing Fee” means the $249 fee charged to the Winning Bidder following a successful auction on a Non-Horse Category Site, together with the applicable 3.5% credit card service fee.

3. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to create an Account or use the auction features of the Platform.

By using the Platform, you represent and warrant that:

  • You are at least 18 years old

  • You have legal capacity to enter into these Terms

  • You are not prohibited by law from using the Platform

  • Any information you provide is accurate, current, and complete

  • You will comply with all laws applicable to your use of the Platform

  • You have authority to act for any business or other legal entity you claim to represent

FFAW may refuse registration, restrict access, suspend an Account, or require additional verification at its discretion.

4. Accounts and Verification

Certain Platform features require an Account.

You agree to provide accurate, complete, and current registration information and to update that information when it changes.

FFAW may require:

  • Email verification

  • Telephone or SMS verification

  • Payment-card verification

  • Identity verification

  • Address verification

  • Ownership documentation

  • Business or entity documentation

  • Additional information reasonably necessary to prevent fraud or administer the Platform

You are responsible for:

  • Maintaining the confidentiality of your login credentials

  • Protecting access to your email and telephone number

  • All activity conducted through your Account

  • Promptly notifying FFAW of suspected unauthorized access

  • Ensuring that information associated with your Account remains accurate

You may not:

  • Transfer or sell your Account without written permission from FFAW

  • Create an Account using another person’s identity

  • Create multiple Accounts to manipulate bidding or avoid enforcement

  • Permit another person to use your Account to evade these Terms

  • Use an Account after it has been suspended or terminated

Contact us immediately at contact@flatfeeauctionworld.com if you believe your Account has been compromised.

FFAW is not responsible for losses resulting from your failure to secure your Account or promptly report unauthorized access.

5. Payment Method Authorization

FFAW may require a valid payment method for:

  • Account registration

  • Card verification

  • Bidding eligibility

  • Authorization holds

  • Winning Bidder Listing Fees

  • Default Penalties

  • Seller Cancellation Fees

  • Horse Listing Fees

  • Tier Fees

  • Credit card service fees

  • Other charges expressly authorized under these Terms

By providing a payment method, you authorize FFAW and its third-party payment processors to:

  • Verify the payment method

  • Securely store or tokenize the payment method

  • Place authorization holds

  • Charge the payment method when the cardholder is not physically present

  • Process refunds or reversals

  • Use the payment method for charges expressly permitted by these Terms

This authorization includes applicable:

  • Registration and card-verification charges

  • Winning Bidder Listing Fees

  • Default Penalties

  • Seller Cancellation Fees

  • Horse Listing Fees

  • Tier Fees

  • Credit card service fees

You represent that you are the authorized cardholder or have permission from the authorized cardholder to use the payment method.

You must keep your payment information current and valid.

Declining, replacing, locking, canceling, or disputing a payment method does not eliminate a valid contractual payment obligation.

FFAW may use lawful collection methods to recover an unpaid amount, including third-party collection services or legal proceedings. You may be responsible for reasonable collection costs where permitted by law.

6. SMS Messaging Terms and Compliance

6.1 Program Description

When you provide a mobile telephone number and affirmatively opt in, FFAW may send text messages relating to the Platform and services you requested.

Messages may include:

  • Account-verification messages

  • Registration confirmations

  • Listing-submission confirmations

  • Auction reminders

  • Bidding updates

  • Winning-bid notifications

  • Transaction-related notices

  • Seller or Bidder communications

  • Appointment or inspection reminders

  • Customer-support responses

  • Payment or Account notices

  • Security alerts

  • Platform updates

  • Other service-related communications

If you separately consent to marketing text messages, FFAW may also send:

  • Promotional offers

  • New-feature announcements

  • Platform news

  • Marketing campaigns

  • Other promotional communications covered by your consent

Consent to receive service-related messages does not automatically constitute consent to receive marketing or promotional messages.

Consent to receive marketing text messages is not a condition of purchasing an Auction Item or using the Platform.

6.2 How Consent Is Collected

Where consent is required, FFAW may collect it through:

  • A website form

  • A registration form

  • A listing-submission form

  • A scheduling form

  • A dedicated SMS-consent checkbox

  • A text message initiated by you

  • Another clear affirmative action

FFAW may maintain records showing:

  • The telephone number provided

  • The date and time of consent

  • The source and method of consent

  • The consent language shown

  • The type of messages authorized

  • Changes to communication preferences

  • Opt-out requests

  • Subsequent re-enrollment

You represent that the telephone number you provide belongs to you or that you are authorized to consent to messages sent to that number.

You agree to notify FFAW if you discontinue or transfer the telephone number.

6.3 Automated Technology

Messages may be sent using automated technology, an automatic telephone dialing system, or another messaging platform where permitted by applicable law.

Your consent applies only to communications covered by the consent you provided.

6.4 Message Frequency

Message frequency varies based on:

  • Your Account activity

  • Your listings

  • Your bids

  • Auctions in which you participate

  • Transactions you initiate

  • Appointments or inspections you schedule

  • Customer-support interactions

  • The messaging program in which you enrolled

FFAW does not guarantee a fixed number of messages.

6.5 Message and Data Rates

Message and data rates may apply to messages sent to you and messages you send to FFAW.

Your wireless provider determines any applicable charges.

Contact your wireless provider with questions regarding your text-message or data plan.

6.6 Cancellation and Opt-Out Instructions

You may cancel SMS communications at any time by replying:

STOP

You may also use another reasonable method of communicating that you no longer wish to receive covered text messages.

After receiving an opt-out request, FFAW may send one final text message confirming that you have been unsubscribed.

After that confirmation, FFAW will stop sending messages covered by the opt-out unless:

  • You later provide new consent

  • You re-enroll in the messaging program

  • You initiate a new communication permitting a response

  • A message is otherwise permitted or required by law

Opting out of text messages does not prevent FFAW from contacting you through another permitted method, such as email or telephone.

Opting out also does not eliminate obligations associated with an Account, listing, bid, purchase, payment, or transaction.

6.7 Re-Enrollment

After opting out, you may rejoin the SMS program by completing the original sign-up process again or providing new affirmative consent.

6.8 Help and Support

For SMS assistance, reply:

HELP

You may also email:

contact@flatfeeauctionworld.com

Support requests are generally addressed during regular business hours.

6.9 Carrier Disclaimer

Wireless carriers are not liable for delayed or undelivered messages.

Message delivery may be affected by:

  • Carrier availability

  • Network conditions

  • Device settings

  • Telephone-number status

  • Internet or telecommunications failures

  • Filtering or blocking

  • Circumstances outside FFAW’s control

FFAW does not guarantee that any particular carrier, telephone number, device, or messaging service will support or deliver every message.

6.10 Age Restriction

You must be at least 18 years old to participate in FFAW’s SMS programs.

6.11 Privacy

SMS information is handled according to our Privacy Policy, available through the Platform and at:

https://flatfeecarandtruckauction.com/privacy-policy

Mobile telephone numbers and SMS opt-in information will not be sold or shared with third parties or Affiliates for their own marketing or promotional purposes.

Limited information may be provided to messaging platforms, telecommunications carriers, aggregators, subcontractors, and other service providers solely as necessary to transmit, manage, support, secure, or document the messages you requested.

7. Auction Format

A standard seven-day auction generally consists of:

  1. A six-day Preview Period

  2. A Live Auction Period on the seventh day

FFAW may offer a different duration or format if disclosed in the applicable listing.

Dates and times shown on the Platform are estimates and may be affected by time zones, extensions, technical issues, administrative action, or other circumstances.

The Platform’s official records and system clock control auction timing.

8. Preview Period

During the Preview Period:

  • Users may review the Auction Item

  • Potential Bidders may ask questions

  • Sellers may respond to inquiries

  • Users may arrange inspections

  • Users may review documentation

  • Users may conduct due diligence

  • Sellers and potential Buyers may communicate or negotiate.

    During the Preview Period, a registered Buyer may use the private “Make an Offer to the Seller” feature to submit an offer directly to the Seller. Because this communication is private and is intended to allow the parties to negotiate and complete a possible transaction, the Buyer and Seller may exchange personal contact information through that private offer communication.

    If the Seller accepts an offer submitted through the “Make an Offer to the Seller” feature, the Buyer and Seller are solely responsible for concluding the transaction directly with each other. The Seller remains responsible for paying the applicable $249 Seller Cancellation Fee, together with the applicable 3.5% credit card service fee, even if the parties mutually agree that the Buyer will reimburse or otherwise cover that cost.

    Because authorization holds and potential Default Penalties are time-sensitive, a Default Penalty may no longer be available or applicable if too much time passes before a failed transaction is reported to FFAW.

    If a transaction arranged through the “Make an Offer to the Seller” feature does not complete, FFAW may permit the Seller to relist the exact same Auction Item and listing at no additional listing cost.

  • Sellers may receive or consider offers outside the Platform

Binding auction bids are not ordinarily placed during the Preview Period.

If a Seller sells an Auction Item outside the Platform or otherwise cancels or ends the listing before the complete seven-day auction period has concluded, FFAW may charge:

  • A $249 Seller Cancellation Fee

  • An additional 3.5% credit card service fee

By submitting a listing and maintaining a payment method on file, the Seller authorizes FFAW and its payment processors to store and charge that payment method for a valid Seller Cancellation Fee and associated credit card service fee.

FFAW may waive or reduce a Seller Cancellation Fee at its sole discretion.

9. Live Auction Period

The Live Auction Period generally begins on the seventh day and lasts approximately 24 hours unless otherwise stated.

During the Live Auction Period:

  • Registered and approved Bidders may place bids

  • Bids are binding offers

  • The highest valid bid may win

  • A reserve price may apply

  • Minimum increments may apply

  • Automatic or proxy bidding may be available

  • The auction may be extended under the anti-sniping rules

  • FFAW may take action under these Terms to preserve auction integrity

Once the Live Auction Period begins, the Seller agrees:

  • Not to withdraw the listing without FFAW’s approval

  • To keep the Auction Item available

  • Not to sell or transfer the Auction Item outside the Platform while the auction remains active

  • To complete the transaction if the reserve is met and there is a valid Winning Bid

  • To cooperate with the Winning Bidder in completing the transaction

Unauthorized withdrawal may result in fees, Account restrictions, suspension, termination, or other remedies.

10. Anti-Sniping Auction Extension

To discourage last-second bid sniping, if a valid bid is received during the final two minutes of the Live Auction Period, the auction timer may automatically reset to two minutes remaining.

This process may continue until no valid bid is received during the final two-minute period.

The auction does not end until the Platform indicates that bidding has closed.

Displayed countdown times may be affected by network delay, device delay, or technical conditions. The Platform’s server records control.

11. Bidder Registration, Verification Charge, and Authorization Hold

Before bidding, a user must register a valid payment method.

Every registered user may be charged a $2 registration or card-verification charge.

No additional 3.5% credit card service fee applies to the $2 registration or card-verification charge unless otherwise disclosed before payment.

When a Bidder places a first bid, FFAW may place a $500 authorization hold on the registered payment card.

The authorization hold is separate from the $2 registration or verification charge.

The authorization hold may be used to:

  • Verify the payment method

  • Verify Bidder identity

  • Discourage fraudulent or non-serious bidding

  • Confirm available credit

  • Secure a potential Default Penalty

An authorization hold is not ordinarily a completed charge.

If the Bidder does not win, the hold will generally be released. The timing of release depends on the card issuer and may take several Business Days or longer.

If the Bidder wins and does not default:

  • The authorization hold may be released

  • FFAW may separately charge the Winning Bidder Listing Fee

  • FFAW may charge the applicable 3.5% credit card service fee

If the Winning Bidder defaults, FFAW may charge the Default Penalty and applicable credit card service fee as described in these Terms.

FFAW is not responsible for delays caused by a financial institution in releasing an authorization hold.

12. Bidding Rules

Each bid is a binding offer to purchase the Auction Item at the amount submitted.

Before bidding, you must:

  • Review the listing

  • Conduct appropriate due diligence

  • Confirm your ability to pay

  • Confirm your ability to complete pickup, delivery, transfer, closing, or transportation

  • Understand the applicable fees

  • Review the condition and documentation available

  • Ask any necessary questions

Bids generally cannot be canceled or retracted after submission.

FFAW may, but is not required to, permit a bid retraction when:

  • There is an obvious input error

  • The error is immediately reported

  • The auction has not closed

  • Retraction would not unfairly affect another user

  • FFAW can reasonably make the correction

FFAW does not guarantee that a bid can be retracted.

Auctions may use:

  • Minimum bid increments

  • Reserve prices

  • Proxy bidding

  • Automatic bidding

  • Maximum-bid features

  • Anti-sniping extensions

  • Bidder-approval requirements

  • Payment-method authorization

FFAW may determine whether a bid is valid.

A bid may be rejected, canceled, removed, or disregarded if FFAW reasonably believes it is:

  • Fraudulent

  • Manipulative

  • Unauthorized

  • Mistaken

  • Technically invalid

  • Made in violation of these Terms

  • Associated with an ineligible or suspended Account

When a higher valid bid is submitted, a lower bid is superseded and does not remain a winning offer.

13. Reserve Prices

A Seller may establish a reserve price where permitted by the Platform.

If the reserve is not met:

  • The Seller is not required to complete a sale

  • The highest Bidder does not automatically become the Buyer

  • FFAW may permit the parties to communicate or negotiate after the auction

  • Any subsequent transaction remains solely between the Seller and Buyer

FFAW does not guarantee that the Platform will display the reserve amount.

14. Seller Responsibilities

The Seller is solely responsible for:

  • The accuracy and completeness of a listing

  • The legality of the Auction Item

  • The right and authority to sell

  • Compliance with title and ownership laws

  • Compliance with licensing and disclosure laws

  • Disclosing liens and encumbrances

  • Disclosing material defects

  • Responding honestly to questions

  • Providing accurate photographs and documentation

  • Keeping the Auction Item available

  • Completing transfer, title, closing, delivery, or pickup

  • Paying taxes, fees, or charges for which the Seller is legally responsible

By submitting a listing, the Seller represents and warrants that:

  • The Seller owns the Auction Item or is legally authorized to sell it

  • The Auction Item is not stolen

  • The listing does not violate any law or third-party right

  • Known liens and encumbrances have been disclosed

  • Material defects known to the Seller have been disclosed

  • The listing description is not false, deceptive, or materially incomplete

  • Photographs accurately represent the Auction Item

  • The Seller will not manipulate the bidding

  • The Seller will complete a valid transaction when required

The Seller must promptly correct inaccurate information.

A Seller may be legally liable to a Buyer for misrepresentation, fraud, failure to disclose, breach of contract, title defects, or other misconduct.

FFAW does not independently verify Seller statements and is not responsible for the accuracy of listing content.

15. Buyer and Bidder Responsibilities

Buyers and Bidders are solely responsible for conducting their own investigation before bidding.

Due diligence may include:

  • Inspecting the Auction Item

  • Hiring a qualified inspector

  • Reviewing maintenance records

  • Reviewing title documents

  • Verifying ownership

  • Searching for liens

  • Confirming serial numbers or vehicle identification numbers

  • Verifying authenticity

  • Reviewing photographs and videos

  • Obtaining professional advice

  • Assessing transportation or delivery costs

  • Confirming financing

  • Reviewing applicable taxes, duties, registration, and closing requirements

Unless expressly stated otherwise, Auction Items are offered:

AS IS, WHERE IS, WITH ALL FAULTS.

A Bidder must not rely on FFAW for any representation concerning:

  • Condition

  • Safety

  • Quality

  • Authenticity

  • Value

  • Ownership

  • Title

  • Regulatory compliance

  • Fitness for a particular purpose

  • Merchantability

  • Documentation

  • Seller credibility

All material listing information is supplied by the Seller.

FFAW does not guarantee that an Auction Item will meet a Buyer’s expectations or intended use.

16. Ratings, Comments, and User Information

The Platform may use an open and transparent rating, review, comment, or viewing system.

Registered users may be able to view:

  • Ratings

  • Reviews

  • Comments

  • Listings

  • User activity

  • Other information made available through the Platform

Users must not submit content that is:

  • False

  • Defamatory

  • Threatening

  • Harassing

  • Discriminatory

  • Obscene

  • Fraudulent

  • Unlawful

  • Infringing

  • Unrelated to a legitimate Platform interaction

FFAW may moderate, remove, restrict, or preserve content at its discretion.

FFAW does not endorse or guarantee the accuracy of user-generated ratings, comments, or reviews.

17. Fees for Non-Horse Category Sites

17.1 Seller Listing Fee

Publishing a standard listing on a Non-Horse Category Site is currently free unless otherwise disclosed.

A Seller may nevertheless incur a Seller Cancellation Fee under these Terms.

17.2 Winning Bidder Listing Fee

Following a successful Non-Horse auction, the Winning Bidder will be charged:

  • A $249 Winning Bidder Listing Fee

  • An additional 3.5% credit card service fee

The applicable service fee is included in the total amount displayed or approved for payment.

17.3 No Sales Commission

FFAW does not charge a percentage commission on the purchase price of an Auction Item on Non-Horse Category Sites unless otherwise clearly disclosed.

The Winning Bidder Listing Fee is separate from the amount paid to the Seller.

17.4 Seller Cancellation Fee

If applicable, a Seller may be charged:

  • A $249 Seller Cancellation Fee

  • An additional 3.5% credit card service fee

17.5 Default Penalty

If applicable, a defaulting Winning Bidder may be charged:

  • A $500 Default Penalty

  • An additional 3.5% credit card service fee

17.6 Negotiated Terms Between Users

Buyers and Sellers may negotiate their own payment, delivery, inspection, closing, transportation, and other transaction terms, provided those terms do not violate law or these Terms.

FFAW is not responsible for negotiated terms between users.

17.7 Refunds

If FFAW elects to refund a Winning Bidder Listing Fee, the associated 3.5% credit card service fee will also be refunded and will not be retained.

Seller Cancellation Fees and Default Penalties are non-refundable unless FFAW determines otherwise or a refund is required by law.

18. Payment for the Auction Item

FFAW does not ordinarily process or collect the purchase price paid for an Auction Item.

The Winning Bidder must pay the Seller directly.

Unless otherwise agreed between the Seller and Winning Bidder, payment should typically occur within seven Business Days after auction close.

The parties may use a third-party:

  • Escrow provider

  • Title company

  • Closing agent

  • Payment processor

  • Financing provider

  • Transportation provider

  • Attorney

  • Other professional service

FFAW is not responsible for the acts, omissions, fees, solvency, security, or performance of any third-party service.

Users should independently verify any payment instructions.

FFAW is not responsible for losses caused by wire fraud, payment redirection, impersonation, phishing, or fraudulent instructions exchanged outside the Platform.

19. Transaction Completion

After an auction, the Seller and Winning Bidder are solely responsible for:

  • Confirming identities

  • Agreeing on payment methods

  • Completing payment

  • Transferring title or ownership

  • Executing required contracts

  • Arranging delivery, pickup, shipping, transportation, or closing

  • Paying applicable taxes

  • Obtaining insurance

  • Complying with laws

  • Resolving disputes

FFAW does not guarantee that either party will complete the transaction.

20. Bidder Default and Enforcement

A Winning Bidder is in default if the Winning Bidder:

  • Fails to pay within the required or agreed timeframe

  • Refuses to complete the purchase

  • Attempts to retract a valid Winning Bid without authorization

  • Provides invalid payment information

  • Fails to cooperate in completing the transaction

  • Otherwise materially breaches the transaction agreement or these Terms

If a Winning Bidder defaults, FFAW may:

  • Charge a $500 Default Penalty

  • Charge the applicable 3.5% credit card service fee

  • Suspend or terminate the Winning Bidder’s Account

  • Restrict future use of the Platform

  • Notify the Seller

  • Offer the Auction Item to the next valid Bidder

  • Permit the Seller to relist the Auction Item

  • Preserve records for enforcement or investigation

  • Pursue other lawful remedies

By registering to bid and providing a payment method, the Bidder authorizes FFAW to charge the Default Penalty and associated credit card service fee when a valid default occurs.

The parties agree that damages caused by a default may be difficult to calculate at the time these Terms are accepted. The Default Penalty is intended as liquidated damages and not as a punishment, subject to applicable law.

If any portion of a collected Default Penalty is paid to the Seller, the amount paid may be reduced by 3.5% to account for credit card processing expenses associated with collecting or remitting the penalty.

Nothing in these Terms guarantees that FFAW will collect a Default Penalty or remit any amount to a Seller.

21. Seller Default

A Seller may be in default if the Seller:

  • Withdraws an Auction Item without authorization after the Live Auction Period begins

  • Refuses to complete a sale after the reserve has been met

  • Sells or transfers the Auction Item to another person during the Live Auction Period

  • Misrepresents ownership

  • Cannot provide valid title or transfer documents

  • Provides materially false listing information

  • Manipulates the bidding

  • Otherwise materially breaches these Terms

FFAW may:

  • Suspend or terminate the Seller’s Account

  • Remove the listing

  • Charge an applicable fee

  • Notify affected users

  • Preserve records

  • Restrict future listings

  • Cooperate with authorities

  • Pursue lawful remedies

FFAW is not responsible for enforcing the Seller’s contractual obligations to the Winning Bidder.

22. Bid Integrity and Anti-Manipulation

Users must not:

  • Engage in shill bidding

  • Bid on their own Auction Item

  • Arrange for another person to place artificial bids

  • Coordinate bids to suppress or inflate prices

  • Use duplicate Accounts

  • Create false demand

  • Manipulate reserve-price indicators

  • Interfere with another Bidder

  • Use automated tools to place unauthorized bids

  • Attempt to circumvent bidding controls

FFAW may monitor:

  • Internet Protocol addresses

  • Device identifiers

  • Login activity

  • Account relationships

  • Payment information

  • Communication activity

  • Bidding patterns

  • Listing patterns

  • Other technical or transactional indicators

FFAW may remove bids, restrict Accounts, require verification, or take other action if suspicious activity is detected.

23. Platform Authority Over Auctions

If FFAW reasonably believes an auction has been affected by fraud, manipulation, error, legal concerns, or a technical problem, FFAW may:

  • Remove a bid

  • Reject a bid

  • Pause an auction

  • Suspend an auction

  • Extend an auction

  • Restart an auction

  • Cancel an auction

  • Correct a listing

  • Adjust the final bid amount

  • Restore the last valid bid

  • Offer the Auction Item to another Bidder

  • Suspend an Account

  • Terminate an Account

  • Permanently restrict a user

Relevant circumstances may include:

  • Fraud

  • Shill bidding

  • Collusion

  • Unauthorized Account access

  • Duplicate Accounts

  • Listing errors

  • Incorrect reserve settings

  • Payment failure

  • Platform malfunction

  • Data corruption

  • Legal or regulatory concerns

  • Safety concerns

  • Circumstances affecting auction fairness

FFAW will make auction-administration decisions in good faith based on the information reasonably available to it.

To the fullest extent permitted by law, FFAW is not liable for losses arising from a good-faith exercise of these administrative powers.

24. Invalid Bid Removal and Price Adjustment

If FFAW determines that one or more bids are invalid, it may:

  • Remove those bids

  • Restore the auction to the last valid bid

  • Adjust the displayed price

  • Offer the Auction Item to the next valid Bidder

  • Restart the auction

  • Extend the auction

  • Cancel the auction

Users acknowledge that the displayed price and apparent Winning Bidder may change if invalid bids are removed.

25. Platform Malfunctions

FFAW does not guarantee uninterrupted or error-free operation.

Technical problems may include:

  • Server failure

  • Hosting failure

  • Connectivity problems

  • Software errors

  • Browser errors

  • Device incompatibility

  • Data corruption

  • Delayed bid transmission

  • Incorrect display information

  • Payment-processing failure

  • Telecommunications failure

  • Cyberattack

  • Third-party service interruption

FFAW may:

  • Pause an auction

  • Extend an auction

  • Restart an auction

  • Cancel an auction

  • Restore data

  • Declare the last valid recorded bid

  • Take another action reasonably intended to preserve fairness

FFAW is not responsible for a bid that is delayed, lost, blocked, or not recorded.

Bidders should not wait until the final moments of an auction to submit a bid.

26. User Content and Intellectual Property

Users may upload or submit:

  • Photographs

  • Videos

  • Descriptions

  • Documents

  • Comments

  • Ratings

  • Reviews

  • Messages

  • Other content

You retain any ownership rights you have in your content.

By submitting content, you grant FFAW a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to:

  • Host

  • Store

  • Copy

  • Reproduce

  • Display

  • Publish

  • Format

  • Modify for technical or promotional purposes

  • Distribute

  • Promote

  • Advertise

  • Archive

the content in connection with operating, improving, enforcing, or promoting the Platform and its listings.

You represent and warrant that:

  • You own the content or have permission to use it

  • The content does not infringe another person’s rights

  • The content is accurate where it makes factual claims

  • The content is lawful

  • FFAW’s permitted use will not violate a third-party right

FFAW may remove content at any time.

27. FFAW Intellectual Property

The Platform and its original content, branding, software, design, graphics, logos, text, databases, organization, and features are owned by or licensed to FFAW and are protected by applicable intellectual-property laws.

Except as expressly permitted, you may not:

  • Copy

  • Reproduce

  • Republish

  • Modify

  • Translate

  • Distribute

  • Sell

  • License

  • Create derivative works from

  • Reverse engineer

  • Publicly display

  • Commercially exploit

any part of the Platform.

You may view and print individual pages for personal, non-commercial use, provided proprietary notices remain intact.

No right or license is granted except as expressly stated in these Terms.

28. Data Scraping and Automated Access

You may not, without written authorization:

  • Scrape the Platform

  • Crawl the Platform

  • Use a bot or automated agent

  • Harvest user information

  • Extract listings in bulk

  • Copy a substantial part of a database

  • Circumvent rate limits

  • Bypass technical controls

  • Use Platform content to train a competing service or database

  • Interfere with Platform operation

Search-engine indexing conducted in accordance with standard technical instructions may be permitted.

Unauthorized automated access may result in Account termination, blocking, legal action, or other remedies.

29. Prohibited Items and Conduct

Users must not use the Platform to:

  • Commit fraud

  • Manipulate auctions

  • Misrepresent an Auction Item

  • Harass or threaten another user

  • Violate intellectual-property rights

  • Upload malware

  • Circumvent security

  • Impersonate another person

  • Violate export or sanctions laws

  • Launder money

  • Engage in illegal activity

  • Sell stolen property

  • List an item the Seller lacks authority to sell

  • Interfere with the Platform

Sharing Contact Information and Circumventing the Platform

Except through the private “Make an Offer to the Seller” feature during the Preview Period, users must not share, publish, or include personal contact information in public questions and answers, comments, listing descriptions, photographs, videos, or other publicly visible Platform content for the purpose of bypassing the auction process or arranging an unauthorized transaction outside the Platform.

The private “Make an Offer to the Seller” feature is an authorized exception. Buyers and Sellers may exchange personal contact information through that private communication when reasonably necessary to negotiate or complete a potential transaction during the Preview Period.

SELLERS: If you give out your contact information through public questions and answers, listing photographs, descriptions, comments, or other publicly visible Platform features, and your auction does not complete, you may be charged the $249 Seller Cancellation Fee, together with the applicable 3.5% credit card service fee, as described in these Terms.

BUYERS: If you post or share your contact information through public questions and answers, comments, or other publicly visible Platform features, you may be blocked from that auction. Repeated violations may result in your Account being suspended or permanently blocked from FFAW auction sites.

FFAW may remove publicly posted contact information or other content, restrict participation in an auction, suspend or terminate an Account, charge an applicable fee, or take other action permitted under these Terms.

FFAW may remove contact information or other content, restrict participation in an auction, suspend or terminate an Account, charge an applicable fee, or take other action permitted under these Terms.

FFAW may prohibit categories of items at its discretion.

Users are responsible for determining whether an Auction Item may lawfully be advertised, sold, transported, exported, imported, registered, transferred, or possessed.

30. Law-Enforcement and Regulatory Cooperation

FFAW may preserve and disclose user information when:

  • Required by law

  • Required by valid legal process

  • Reasonably necessary to investigate fraud

  • Reasonably necessary to protect users or the public

  • Necessary to enforce these Terms

  • Necessary to respond to a regulatory inquiry

  • Necessary to prevent illegal conduct

FFAW may cooperate with law-enforcement agencies, courts, regulators, financial institutions, payment processors, and other appropriate entities.

31. Third-Party Links and Services

The Platform may link to or integrate with third-party services.

A link or integration does not mean FFAW endorses, controls, or guarantees the third party.

Third-party services may include:

  • Payment processors

  • Inspectors

  • Transportation companies

  • Escrow providers

  • Title companies

  • Financing providers

  • Mapping services

  • Analytics providers

  • Communication providers

  • Other vendors

Your dealings with a third party are solely between you and that third party.

FFAW is not responsible for:

  • Third-party content

  • Privacy practices

  • Security

  • Availability

  • Quality

  • Fees

  • Representations

  • Performance

  • Losses

You should review the third party’s terms and privacy policies before using its services.

32. User Disputes

Disputes between users must be resolved directly between the affected users.

FFAW is not responsible for:

  • Payment disputes

  • Condition disputes

  • Title disputes

  • Delivery disputes

  • Misrepresentation claims

  • Inspection disputes

  • Contract-performance disputes

  • Tax disputes

  • Registration disputes

  • Closing disputes

  • Transportation disputes

FFAW may choose to facilitate communication but is not required to mediate, arbitrate, investigate, or resolve a user dispute.

To the fullest extent permitted by law, users release FFAW and its owners, managers, officers, directors, employees, contractors, agents, and Affiliates from claims arising from disputes between users.

33. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED:

“AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

FFAW DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:

  • MERCHANTABILITY

  • FITNESS FOR A PARTICULAR PURPOSE

  • TITLE

  • NON-INFRINGEMENT

  • ACCURACY

  • AVAILABILITY

  • SECURITY

  • QUIET ENJOYMENT

FFAW DOES NOT WARRANT THAT:

  • A LISTING IS ACCURATE

  • AN AUCTION ITEM IS SAFE OR DEFECT-FREE

  • A SELLER HAS VALID TITLE

  • A BUYER WILL PAY

  • A SELLER WILL COMPLETE A SALE

  • A TRANSACTION WILL CLOSE

  • THE PLATFORM WILL BE UNINTERRUPTED

  • A BID WILL BE RECEIVED

  • AN ERROR WILL BE CORRECTED

  • THE PLATFORM WILL BE FREE OF HARMFUL CODE

  • A USER IS WHO THE USER CLAIMS TO BE

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, exclusions apply only to the extent permitted by law.

34. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FFAW AND ITS OWNERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, AND AFFILIATES WILL NOT BE LIABLE FOR:

  • INDIRECT DAMAGES

  • INCIDENTAL DAMAGES

  • SPECIAL DAMAGES

  • EXEMPLARY DAMAGES

  • PUNITIVE DAMAGES

  • CONSEQUENTIAL DAMAGES

  • LOST PROFITS

  • LOST REVENUE

  • LOST BUSINESS

  • LOST DATA

  • LOSS OF GOODWILL

  • LOSS OF USE

  • DIMINUTION IN VALUE

  • BUSINESS INTERRUPTION

This limitation applies whether the claim arises from contract, negligence, tort, statute, strict liability, or another theory.

To the maximum extent permitted by law, FFAW’s total aggregate liability arising from an auction or use of the Platform will not exceed the greater of:

  1. The Platform fees paid by the claimant to FFAW in connection with the transaction giving rise to the claim; or

  2. $249 USD.

These limitations do not apply to liability that cannot legally be limited or excluded.

35. Indemnification

You agree to defend, indemnify, and hold harmless FFAW and its owners, managers, officers, directors, employees, contractors, agents, service providers, and Affiliates from claims, liabilities, damages, judgments, losses, penalties, costs, and reasonable legal fees arising from or relating to:

  • Your listing

  • Your Auction Item

  • Your bids

  • Your purchase or sale

  • Your user content

  • Your communications

  • Your transaction with another user

  • Your breach of these Terms

  • Your violation of law

  • Your infringement of another person’s rights

  • Fraud or misconduct associated with your Account

  • Taxes or regulatory obligations relating to your transaction

FFAW may assume control of the defense of a matter subject to indemnification. You agree to cooperate with that defense.

36. Suspension and Termination

FFAW may suspend, restrict, or terminate an Account or Platform access if FFAW reasonably believes that the user:

  • Violated these Terms

  • Engaged in fraud

  • Manipulated an auction

  • Created a safety or legal risk

  • Failed to pay an amount owed

  • Misused the Platform

  • Infringed intellectual-property rights

  • Used duplicate or unauthorized Accounts

  • Interfered with another user

  • Exposed FFAW to liability

  • Engaged in suspicious activity

FFAW may remove listings or bids when an Account is restricted.

Termination does not eliminate:

  • Payment obligations

  • Transaction obligations

  • Liability for prior conduct

  • Indemnification obligations

  • Provisions intended to survive termination

Sections concerning fees, intellectual property, disclaimers, limitations of liability, indemnification, disputes, and governing law survive termination.

37. Force Majeure

FFAW is not liable for delay, interruption, or failure caused by events outside its reasonable control, including:

  • Natural disasters

  • Fire

  • Flood

  • Severe weather

  • War

  • Terrorism

  • Civil unrest

  • Labor disputes

  • Epidemics or pandemics

  • Government action

  • Court orders

  • Power failures

  • Internet failures

  • Telecommunications failures

  • Cyberattacks

  • Hosting outages

  • Third-party service failures

  • Payment-network interruptions

FFAW may cancel, postpone, extend, or modify an auction affected by such an event.

38. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY AGREES THAT A CLAIM WILL BE BROUGHT ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY.

NO PARTY WILL SEEK TO HAVE A CLAIM HEARD AS:

  • A CLASS ACTION

  • A COLLECTIVE ACTION

  • A REPRESENTATIVE ACTION

  • A PRIVATE ATTORNEY GENERAL ACTION

  • A CONSOLIDATED PROCEEDING ON BEHALF OF UNRELATED PARTIES

If this waiver is found unenforceable for a particular claim, the remainder of these Terms remains effective.

39. Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES THE RIGHT TO A TRIAL BY JURY IN A DISPUTE ARISING FROM OR RELATING TO:

  • THESE TERMS

  • THE PLATFORM

  • A LISTING

  • AN AUCTION

  • A BID

  • A TRANSACTION

  • COMMUNICATIONS BETWEEN THE PARTIES

40. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Subject to any law requiring otherwise, a legal proceeding arising from or relating to these Terms or the Platform must be brought in a state or federal court with jurisdiction in Texas.

Each party consents to the personal jurisdiction of those courts.

Nothing in this section prevents FFAW from seeking injunctive or equitable relief in another jurisdiction when necessary to protect its rights, systems, intellectual property, or users.

41. Changes to the Platform

FFAW may change, add, remove, restrict, suspend, or discontinue any portion of the Platform.

FFAW does not guarantee that:

  • A feature will remain available

  • A category will continue operating

  • A particular pricing model will remain unchanged

  • A specific auction format will always be used

Changes do not eliminate obligations incurred before the change.

42. Changes to These Terms

FFAW may update these Terms from time to time.

The current version will be posted on the Platform with an updated Effective Date.

When required by law or when a change is material, FFAW may also provide notice through:

  • Email

  • An Account notification

  • A Platform notice

  • Another reasonable method

Your continued use of the Platform after revised Terms become effective constitutes acceptance of the revised Terms.

Changes will not retroactively alter a completed transaction unless permitted by law or agreed by the affected parties.

43. Privacy Policy

Your use of the Platform is also governed by the FFAW Privacy Policy.

The Privacy Policy explains how FFAW collects, uses, retains, protects, and discloses Personal Information, including information relating to SMS communications.

The Privacy Policy is incorporated into these Terms by reference.

44. Electronic Communications and Signatures

You consent to receive agreements, notices, disclosures, transaction information, and other communications electronically.

Electronic communications may be delivered through:

  • Email

  • The Platform

  • Your Account

  • Text message, when permitted

  • Another electronic method

You agree that electronic records and signatures satisfy legal requirements that communications or agreements be in writing.

You are responsible for retaining copies of records relevant to your transactions.

45. Assignment

You may not assign or transfer your rights or obligations under these Terms without FFAW’s written consent.

FFAW may assign or transfer these Terms in connection with:

  • A merger

  • Acquisition

  • Reorganization

  • Asset sale

  • Financing

  • Corporate restructuring

  • Transfer of Platform operations

46. No Waiver

A failure or delay by FFAW to enforce a provision does not waive that provision or the right to enforce it later.

A waiver is effective only if it is in writing and authorized by FFAW.

47. Severability

If a provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted or modified as necessary.

The remaining provisions will continue in full force.

48. Headings

Headings are provided for convenience and do not affect interpretation.

49. Entire Agreement

These Terms, the Privacy Policy, category-specific addenda, listing disclosures, fee disclosures, and other policies expressly incorporated by reference constitute the entire agreement between you and FFAW regarding use of the Platform.

They supersede prior oral or written communications concerning the same subject matter.

A separate written agreement signed by FFAW may supplement or replace portions of these Terms.

50. Contact Information

Questions about these Terms may be submitted to:

Flat Fee Auction World LLC

Email: contact@flatfeeauctionworld.com

Website: https://flatfeecarandtruckauction.com/

Appendix A — Horse Category Addendum

This Appendix applies to horse listings and transactions offered through FlatFeeHorseAuction.com or another category expressly designated as subject to this Addendum.

If this Appendix conflicts with the general Terms concerning horse-specific pricing or procedures, this Appendix controls.

A.1 Horse Listing Fee

A Seller pays a $149 Horse Listing Fee upfront.

The ultimate fee associated with a successful horse auction may be adjusted based on the Winning Bid amount as described below.

A.2 Horse Tier Fees

The applicable Horse Tier Fees are:

  • Tier 1: Winning Bid under $2,501 — $19

  • Tier 2: Winning Bid from $2,501 through $5,000 — $29

  • Tier 3: Winning Bid from $5,001 through $7,500 — $49

  • Tier 4: Winning Bid of $7,501 or more — $149

A.3 Successful Horse Auctions

For a successful horse auction:

  • The applicable Tier Fee is determined by the Winning Bid

  • The Tier Fee is added to the Buyer’s Winning Bid Total

  • The Seller Listing Fee may be reimbursed through the amount paid by the Winning Bidder

  • FFAW will collect the applicable fee from the Seller as described through the Platform

  • Buyers and Sellers may negotiate lawful transaction terms between themselves

The displayed checkout and payment instructions control the specific fee calculation for the transaction.

A.4 Unsuccessful Horse Auctions

The Horse Listing Fee is non-refundable if the horse does not sell, unless FFAW determines otherwise or a refund is required by law.

A.5 Inspection and Documentation

Horse transactions may involve:

  • A pre-purchase inspection

  • Veterinary review

  • Health records

  • Registration records

  • Pedigree documentation

  • Transportation arrangements

  • Insurance

  • State or federal animal-health requirements

FFAW does not perform veterinary examinations or inspections and does not verify pedigree, registration, health, soundness, temperament, suitability, or other Seller representations.

Buyers are solely responsible for obtaining professional veterinary and other advice before bidding.

A.6 Completion Period

The Seller and Winning Bidder should complete the post-sale process within seven Business Days unless:

  • The listing states otherwise

  • The parties mutually agree to another period

  • Additional time is reasonably required for veterinary, transportation, payment, or documentation purposes

FFAW is not responsible for post-sale performance.

Appendix B — Aircraft Disclosure

Aircraft transactions may involve complex federal, state, international, registration, maintenance, inspection, export, import, financing, and title requirements.

B.1 Seller Disclosures

Aircraft Sellers should accurately disclose all material information available to them, including:

  • Registration status

  • Airworthiness status

  • Inspection status

  • Maintenance history

  • Damage history

  • Logbooks

  • Engine and airframe time

  • Equipment

  • Liens

  • Ownership

  • Known defects

  • Missing records

B.2 Buyer Due Diligence

Aircraft Buyers and Bidders are responsible for independently verifying:

  • Ownership

  • Title

  • Liens

  • Registration

  • Airworthiness

  • Logbooks

  • Maintenance records

  • Inspection status

  • Damage history

  • Export or import eligibility

  • Applicable regulatory requirements

Buyers should retain qualified aviation, maintenance, title, tax, and legal professionals when appropriate.

B.3 No Verification by FFAW

FFAW does not:

  • Inspect aircraft

  • Verify aircraft records

  • Verify airworthiness

  • Confirm regulatory compliance

  • Confirm title

  • Guarantee the accuracy or completeness of logbooks

  • Provide aviation, legal, tax, or maintenance advice

All aircraft information is supplied by the Seller, and all aircraft transactions occur solely between the Seller and the Winning Bidder.